Law:

Section:

(a) Punjab Pre-emption Act (I of 1913)--- ---S. 3(1)---Colonization of Government Lands (Punjab) Act (V of 1912), S.19---Sale of occupancy tenancy whether pre-emptible---Occupancy tenancy fell within ambit of "agricultural land" as defined in S.3(1), Punjab Pre-emption Act, 1913---Sale of occupancy tenancy was, thus, susceptible to pre-emption--­ Location of land in question, being in Colony area was wholly inconsequential and did not prohibit pre-emption in respect of sale of same---Sale of occupancy tenancy permitted under S.19, Colonization of Government Lands (Punjab) Act, 1912, was pre-emptible at the instance of respondents (pre­ emptors) Amir Din etc. v. Sabir Hussain PLD 1.97 Lah. 896 and Musa v. Abdullah and another 1988 MLD 917 rel. (b) Punjab Pre-emption Act (I of 1913)--- ----S. 15---Suit for pre-emption ---Pleas of waiver/estoppel raised by vendees lacked support of evidence ---Pre-emptors were neither shown present at the time of sale nor had they participated in the sale ---Pre-emptors' case was that of total ignorance of sale and evidence given against them did not refute such allegation---No evidence was on record to suggest collusion, waiver or estoppel. (c) Punjab Pre-emption Act (I of 1913)--- ----S. 15---Civil Procedure Code (V of 1908), S.100---Second appeal---Issue of improvements---Courts of fact had jurisdiction either to believe or disbelieve oral evidence led on the issue of improvements---Courts below had not relied upon the evidence given by vendees for good reasons and their finding being on a question of fact was based on proper appreciation of record which was not open to further review in Second Appeal. JUDGMENT Second appeal by the defendant arose from a pre-emption suit filed by respondents to pre-empt sale of land in dispute in her favour. Pre-emption suit was decreed by the trial Court on 12-6-1984, subject to payment of Rs.50,000 by a specified date in the decree. Appeal from the decree of the trial Court preferred by the appellant was dismissed on 24-11-1986 by District Judge, Okara. Thereupon, a second appeal was filed in this Court. It was admitted to hearing on 20-4-1988. Relevant facts giving rise to the second appeal…

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